13. An emerging democracy either designs or inherits an electoral justice
system. A country’s legal and political tradition, along with the inheritances
of colonialism or, on occasion, the influence of a neighbouring country may
be decisive; so may the specific claims of society and short-term agreements
among different dominant political forces. A political crisis in an established
democracy stemming from a large-scale electoral conflict may provide an
incentive to modify the EJS. In addition, those who promote democratic
political reform may try to put changing the EJS on the political agenda
in order to confer greater democratic legitimacy, more effectively protect
electoral rights, or ensure free, fair and genuine elections.
14. The decisions made in relation to the design of an electoral justice system
may have unintended consequences. They may prove not to be beneficial
in the long term and may even on occasion have disastrous effects for the
prospects for democracy. For example, in a country in which the judiciary
lacks independence and prestige, if an EJS is modified in such a way as to
transfer the final decision on challenges to an election result to a court which
is part of the judiciary, the result could be worse than the previous system.
15. This Handbook recognizes that the design of an EJS, in terms of a supposed
‘best system’, is not something for which a group of independent technical
specialists can come up with a single correct answer. It focuses on system
design in a holistic manner. Since technical issues are involved, it is essential
to have corresponding technical assistance, although it is rarely appropriate
to export templates or models to different historical and political contexts.
A comparative approach to the study of EJSs shows that there is no perfect
system. But it also makes it possible to assess the strengths and weaknesses
of different systems, identify trends, offer additional elements of analysis and
identify successful experiences or practices.
3. The objectives of Electoral Justice: The International
IDEA Handbook
16. In analysing existing electoral justice systems and their implications, and
showing how they have worked in the diverse democracies around the world,
this Handbook has two general objectives:
a. to expand knowledge and enlighten political debate on the concept,
design and workings of EJSs and mechanisms; and
5
1. Introduction
frameworks, and the EJS is often the key element of the electoral reform
agenda. The lack of credibility of some electoral processes may lead electors to
question the need to participate in elections or to reject their results. Effective
and timely electoral justice becomes the key element in addressing this lack
of credibility.